Privacy statement according GDPR [1]

I. Name and address of the person responsible

The person responsible in the sense of the General Data Protection Regulation and other national data protection laws of the EU member states as well as other data protection regulations is:

Roesys MedTec GmbH
Dr.-Max-Ilgner-Straße 2
32339 Espelkamp
Germany
Phone: +49 5772 91 555 0
E-mail: info[at]roesys.de
Website: roesys.de

II. Name and address of the data protection officer

The data protection officer of the responsible person is:

Dr. Jakob Falk
Dr.-Max-Ilgner-Straße 2
32339 Espelkamp
Germany
Phone: +49 5772 91 555 0
E-mail: privacy[at]roesys.de
Website: roesys.de/about

III. General information on data processing

1. Scope of processing of personal data
   We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
   
   
2. Legal basis for the processing of personal data
   Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
   In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
   Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
   In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
   If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
   
   
3. Data erasure and storage time
   The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
   
   

IV. Provision of the website and creation of log files

1. Description and scope of data processing
   Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:
   
   (a) IP-address
   (b) Date and time of the request
   (c) Time zone difference to GMT
   (d) Contents of the website
   (e) Access Status (HTTP Status)
   (f) Amount of data transmitted
   (g) Website from which you accessed our website
   (h) Web browser
   (i) Operating System
   (j) Language and version of the browser
   
   The data is also stored in the log files of our system. This data is not stored together with other personal data of the user. The collection and temporary storage of the IP address is necessary to enable the display of our website on your terminal device. For this purpose, your IP address must be stored for the duration of your visit to our website. The storage in log files serves to ensure the functionality and optimisation of our website and to ensure the security of our information technology systems. This data is not evaluated for marketing purposes.
   
   
2. Legal basis of data processing
   The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
   
   
3. Purpose of data processing
   The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.
   Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.
   
   
4. Duration of storage
   The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
   
   
5. Possibility of objection and elimination
   The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
   
   

V. Use of cookies

1. Description and scope of data processing
   Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.
   
   We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
   
   
   
2. Legal basis of data processing
   The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
   
   
3. Purpose of data processing
   The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
   
   (1) Accept language settings
   
   The user data collected by technically necessary cookies are not used to create user profiles.
   
   
4. Duration of storage, possibility of objection and elimination
   The above cookies are stored on your terminal device and transmitted by it to our server. You can therefore configure the processing of data and information using cookies yourself. You can configure your web browser settings to refuse third-party cookies or cookies altogether. In this context, we would like to point out that you may not be able to use all functions of our website properly. In addition, we recommend regular manual deletion of cookies and your browser history.
   
   

VI. Contact form and e-mail contact

1. Description and scope of data processing
   There is no contact form on our website which can be used for electronic contact. Alternatively, you can contact us via the e-mail addresses provided. In this case, the user’s personal data transmitted by e-mail will be stored. In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
   
   
2. Legal basis for data processing
   The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b GDPR.
   
   
3. Purpose of data processing
   In the case of an establishment of contact by e-mail the necessary justified interest lies in the treatment of the establishment of contact.
   
   
4. Duration of storage
   The data will be deleted subject to legal retention periods as soon as we have finally processed your enquiries. If you contact us by e-mail, you can object to the storage of your personal data at any time. Please note that in this case your request cannot be processed further.
   
   
5. Possibility of objection and elimination
   The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. You can declare the revocation or the objection by sending an e-mail to the e-mail address given in the imprint..
   
   

VII. Third-party social media and services

1. Google Maps
   We use on our website the offer of “Google Maps”, an online map service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: “Google”). This allows us to display interactive maps directly on the website and enables you to conveniently use the map function. By visiting our website, Google receives the information that you have called up the corresponding subpage of our website. Your IP address will be transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out in advance. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or design of the website according to your needs. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users about your activities on our website.
   
   We use Google Maps to show you interactive maps from Google Maps to help you experience a better experience on our website. This is also our legitimate interest in the processing of the above data by the third party provider. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR.
   
   You have the right to object to the creation of these user profiles, for which you must contact Google.
   
   Google has signed and certified itself under the Privacy Shield Agreement between the European Union and the USA. By doing so, Google undertakes to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov
   
   For more information about the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. They will also provide you with further information about your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy.
   
   
2. Facebook
   We offer you a link on our website to our profile at Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA (hereinafter referred to as: “Facebook”). To the best of our knowledge, Facebook receives information that you have visited the relevant part of our website or clicked on an ad from us. If you have a Facebook account and are registered, Facebook can associate the visit with your user account. Even if you are not registered with Facebook or have not logged in, Facebook may still know and store your IP address and other identifying information.
   
   Facebook has signed and certified itself under the Privacy Shield Agreement between the European Union and the United States. In doing so, Facebook undertakes to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov
   
   Third Party Information: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For more information about this third party’s privacy practices, please visit the Facebook website below: https://www.facebook.com/about/privacy
   
   
3. LinkedIn
   We offer you a link on our website to our profile at LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (hereinafter referred to as: “LinkedIn”). To the best of our knowledge, LinkedIn receives information that you have accessed the relevant part of our website or clicked on an ad from us. If you have a LinkedIn account and are registered, LinkedIn can assign your visit to your user account. Even if you are not registered with LinkedIn or have not logged in, it is possible that the LinkedIn may find out and store your IP address and other identifiers.
   
   Third Party Information: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. You can find further information on data protection from the third party provider on the following LinkedIn website: https://www.linkedin.com/legal/privacy-policy
   
   

VIII. Rights of the person concerned

If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

1. Right to get information
   You can ask the person in charge to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the person responsible:
   
   (1) the purposes for which the personal data are processed;
   
   (2) the categories of personal data processed;
   
   (3) the recipients or categories of recipients to whom the personal information concerning you has been or will be disclosed;
   
   (4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
   
   (5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
   
   (6) the existence of a right of appeal to a supervisory authority;
   
   (7) any available information on the origin of the data if the personal data are not collected from the data subject;
   
   You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
   
   

2. Right to correction
   You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.
   
   

3. Right to limitation of processing
   Under the following conditions, you may request that the processing of personal data concerning you be restricted:
   (1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;
   
   (2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
   
   (3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
   (4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
   
   If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
   If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
   
   

4. Right of deletion
   (a) Deletion obligation
   You may request the data controller to delete the personal data relating to you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:
   
   (1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
   
   (2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
   
   (3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
   
   (4) The personal data concerning you have been processed unlawfully.
   
   (5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
   
   (6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
   
   (b) Information to third parties
   If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
   
   (c) Exemption clauses
   The right to cancellation does not exist if the processing is necessary
   
   (1) to exercise the right to freedom of expression and information;
   
   (2) to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject, or to perform a task in the public interest or in the exercise of official authority conferred on the controller;
   
   (3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
   
   (4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right mentioned under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
   
   (5) to assert, exercise or defend legal claims.
   
   

5. Right to be informed
   If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
   The person responsible shall have the right to be informed of such recipients.
   
   

6. Right to data transferability
   You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided
   
   (1) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
   
   (2) processing is carried out by means of automated methods.
   
   In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
   The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
   
   

7. Right of objection
   You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
   The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
   If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
   If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
   You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
   
   

8. Right to revoke the data protection declaration of consent
   SYou have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
   
   

9. Automated decision in individual cases including profiling
   You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
   
   (1) is necessary for the conclusion or performance of a contract between you and the responsible party,
   
   (2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
   (3) with your express consent.
   However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
   
   In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
   
   

10. Right of appeal to a supervisory authority
    Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State of your place of residence, employment or suspected infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.
    The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
    – / –
    Last updated: May 2018

General Terms of Sale and Delivery

§ 1 General, Scope

(1) These General Terms and Conditions of Sale and Delivery (GTD) apply to all our business relationships with our customers (“Buyer”). GTD shall only apply if the buyer is an entrepreneur (§ 14 BGB | German Civil Code), a legal entity under public law or a special fund under public law.
(2) GTD shall apply in particular to contracts for the sale and/or delivery and assembly of movable goods (“Goods”), irrespective of whether we manufacture the Goods ourselves or buy them from suppliers (§§ 433,651 BGB). Unless otherwise agreed, GTD in the version valid at the time of the purchaser’s order or, at any rate, in the version last notified to GTD in writing shall also apply as a framework agreement for similar future contracts without us having to refer to them again in each individual case.
(3) Our GTD apply exclusively. Deviating, conflicting or supplementary general terms and conditions of business of the buyer shall only become an integral part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the buyer without reservation in knowledge of the GTD of the buyer.
(4) Individual agreements made in individual cases with the Buyer (including ancillary agreements, supplements and amendments) shall always take precedence over these GTD. Subject to proof to the contrary, a written contract or our written confirmation is authoritative for the content of such agreements.
(5) Legally relevant declarations and notifications which are to be submitted to us by the buyer after conclusion of the contract (e. g. setting deadlines, defect notifications, declaration of withdrawal or reduction) must be made in writing in order to become effective.
(6) References to the validity of legal regulations have only a clarifying meaning. Therefore, even without such clarification, the statutory provisions shall apply to the extent that they are not directly amended or expressly excluded in these GTDs.

§ 2 Conclusion of contract

(1) Our offers are subject to confirmation and non-binding. This shall also apply if we have provided the buyer with catalogues, technical documentation (e. g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we reserve the right of ownership and copyrights.
(2) The order of the goods by the buyer is considered to be a binding contractual offer. Unless otherwise specified in the order, we are entitled to accept this contractual offer within 3 weeks of its receipt by us.
(3) The acceptance can be declared either in writing (e. g. by order confirmation) or by delivery of the goods to the buyer.

§ 3 Delivery period and delay

(1) The delivery period is agreed individually or stated by us upon acceptance of the order. If this is not the case, the delivery period is approx. 8 weeks from conclusion of the contract.
(2) If we are unable to comply with binding delivery periods for reasons beyond our control (non-availability of performance), we shall inform the purchaser thereof without delay and at the same time notify the prospective new delivery period. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall reimburse the buyer without delay for any consideration already rendered. In particular, the case of non-availability of the service in this sense shall be deemed to be the unavailability of the service in this sense if our supplier fails to deliver to us in good time, if we have concluded a congruent hedging transaction, if neither we nor our supplier are at fault or if we are not obliged to procure the service in individual cases.
(3) The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, an explicit reminder by the buyer is required.
(4) Our statutory rights, in particular in the event of exclusion of the obligation to perform (e.g. due to impossibility or unacceptability of the service and/or subsequent performance) remain unaffected.

§ 4 Delivery, transfer of risk, acceptance, default in acceptance

(1) Delivery shall be made ex warehouse, where the place of performance for delivery and any subsequent performance shall also be the place of performance. At the request and expense of the buyer, the goods will be shipped to another place of destination (sale by mail order). Unless otherwise agreed, we are entitled to determine the type of shipment (particularly transport companies, shipping route, packaging) ourselves.
(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser at the latest upon handover. In the case of a sale by delivery, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the freight forwarder, carrier or any other person or institution designated to carry out the shipment. Insofar as acceptance has been agreed, this is decisive for the passing of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall apply accordingly to an agreed acceptance. It is equivalent to handover or acceptance if the buyer is in default of acceptance.
(3) If the buyer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e. g. storage costs). For this purpose, we charge a flat-rate compensation of 0.5% of the order value per calendar week, beginning with the delivery period or - in the absence of a delivery period - with the notification of the readiness for dispatch of the goods. The flat-rate compensation is limited to a maximum of 5% of the contract value. The proof of a higher damage and our legal claims (especially compensation for additional expenses, appropriate compensation, termination) remain unaffected; the lump sum is, however, to be counted towards further claims for money. The buyer is allowed to prove that we have suffered no or only a considerably lower damage than the above mentioned lump sum.

§ 5 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse, plus statutory value-added tax.
(2) In the case of a shipment purchase [§ 4 (1)], the Buyer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the Buyer. Any customs duties, fees, taxes and other public charges shall be borne by the buyer.
(3) If we have not been commissioned with the installation, the purchase price is due and payable within 14 days of delivery of the goods.
(4) If we have been commissioned with both delivery and installation, a partial amount of 50% of the order total is due on delivery and the remainder after completion of the technical acceptance test, unless otherwise agreed in an individual contract. The technical acceptance test consists of the mechanical and electronic functional testing based on the specifications of the service manual.
(5) We are, however, also within the framework of an ongoing business relationship, entitled at any time to make a delivery in whole or in part only against prepayment. We declare an appropriate reservation at the latest with the order confirmation.
(6) The Buyer shall be deemed to be in default upon expiry of the aforementioned payment periods. The purchase price shall bear interest during the period of delay at the applicable statutory default interest rate. We reserve the right to assert further damages for delay. Our claim to the commercial maturity interest (§ 353 HGB | German Commercial Code) remains unaffected in respect of merchants.
(7) If it becomes apparent after conclusion of the contract (e. g. by filing for insolvency proceedings) that our claim to the purchase price is endangered by the Buyer’s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if applicable after setting a deadline - to withdraw from the contract (§ 321 BGB | German Civil Code). In the case of contracts for the manufacture of unjustifiable items (custom-made products), we can declare our withdrawal immediately; the statutory provisions governing the dispensability of setting a deadline remain unaffected.

§ 6 Retention of title

(1) Until full payment of all our present and future claims arising from the purchase contract and a current business relationship (secured claims) has been made, we reserve title to the goods sold.
(2) The goods subject to retention of title may not be pledged to third parties or assigned as security or for resale (subject to the provisions of paragraph 4) until the secured claims have been paid in full. The buyer has to inform us immediately in writing if an application for the opening of insolvency proceedings is filed or if seizure of the goods by third parties (e. g. seizures) occurs.
(3) In the event of a breach of contract by the buyer, in particular in the event of non-payment of the due purchase price, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand return of the goods on the basis of the retention of title. The demand for surrender does not also include the declaration of withdrawal; we are rather entitled to only demand the return of the goods and reserve the right to withdraw from the contract. If the buyer does not pay the due purchase price, we shall only be entitled to assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if such a deadline cannot be set in accordance with the statutory regulations.
(4) If and when the Buyer has been identified by us as an intermediary or reseller at the time of conclusion of the contract, the following provisions shall apply: The Buyer shall be deemed to have acted as an intermediary or reseller until revoked in accordance with § 4 of the German Commercial Code. (c) entitled to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
(a) The retention of title extends to the products created by processing, mixing or combining our goods at their full value, whereby we are deemed to be the manufacturer. If, in the case of processing, mixing or combination with goods of third parties, we retain their ownership rights, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
(b) The claims against third parties arising from the resale of the goods or product are hereby assigned to us by the buyer as security in their entirety or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer mentioned in paragraph (2) shall also apply in consideration of the assigned claims.
(c) The buyer remains entitled to collect the claim in addition to us. We undertake not to collect the claim as long as the buyer fulfils his payment obligations to us, there is no defect in his performance and we do not exercise the retention of title by exercising a right in accordance with paragraph (3). If this is the case, however, we can demand that the buyer informs us of the assigned claims and their debtors, provides us with all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment. In this case, we are also entitled to revoke the purchaser’s authority to sell and process the goods subject to retention of title.
(d) If the realisable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the purchaser’s request.

§ 7 Defect claims of the buyer

(1) The Buyer’s rights in the event of material and legal defects (including wrong and short delivery as well as improper assembly or faulty assembly instructions) shall be governed by the statutory provisions, unless otherwise specified below. In all cases, the statutory special provisions remain unaffected in case of final delivery of the goods to a consumer (supplier recourse according to §§ 478,479 BGB).
(2) The basis of our liability for defects is above all the agreement on the quality of the goods. All product descriptions which are the subject matter of the individual contract shall be deemed to be an agreement on the quality of the goods; it makes no difference whether the product description originates from the buyer, the manufacturer or us.
(3) Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory provisions as to whether a defect exists or not (§ 434 Paragraph 1 Sentence 2 and 3 BGB | German Civil Code). However, we do not assume any liability for public statements of other third parties (e. g. advertising statements).
(4) The Buyer’s claims for defects presuppose that he has complied with his statutory duties of inspection and notification of defects (§§ 377,381 HGB |German Commercial Code). If a defect becomes apparent during the examination or later on, we must be notified immediately in writing. The notification shall be deemed to be immediate if it is made within two weeks, whereby timely dispatch of the notification is sufficient to comply with the deadline. Irrespective of this obligation to inspect and give notice of defects, the buyer must report obvious defects (including wrong and short deliveries) in writing within two weeks of delivery, whereby the timely dispatch of the notification is sufficient to comply with the deadline. If the buyer fails to properly inspect and/or report defects, our liability for the undisclosed defect is excluded.
(5) If the delivered item is defective, we may first choose whether we perform supplementary performance by rectifying the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected.
(6) We shall be entitled to make the subsequent performance owed dependent on the purchaser paying the purchase price due. However, the buyer is entitled to retain a proportion of the purchase price commensurate with the defect.
(7) The Purchaser shall give us the time and opportunity necessary for subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item to us in accordance with the statutory provisions. Subsequent performance does not include either the removal of the defective item or its re-installation if we were not originally obliged to do so.
(8) We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: dismantling and installation costs) if a defect is actually present. Otherwise, we shall be entitled to demand reimbursement from the buyer of the costs incurred by us as a result of the unjustified request to rectify the defect (in particular inspection and transport costs), unless the lack of defects was not apparent to the buyer.
(9) In urgent cases, e. g. in case of endangering operational safety or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand reimbursement of the objectively necessary expenses from us. We are to be informed immediately, if possible beforehand, of such a self-execution. The right of self-execution does not exist if we would be entitled to refuse a corresponding supplementary performance in accordance with the statutory provisions.
(10) If the supplementary performance has failed or if a reasonable period of grace to be set by the buyer for the supplementary performance has expired unsuccessfully or is unnecessary according to legal regulations, the buyer can withdraw from the contract of sale or reduce the purchase price. In the event of a minor defect, however, there is no right of withdrawal.
(11) The Purchaser’s claims for damages or reimbursement of futile expenses shall only exist in the case of defects in accordance with § 8 and are otherwise excluded.

§ 8 Other liability

(1) Unless otherwise provided for in these GCUs, including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
(2) We shall be liable for damages - irrespective of the legal basis - within the scope of liability for culpable intent and gross negligence. In the case of simple negligence, we are only liable subject to a milder standard of liability in accordance with statutory regulations (e. g. for care in our own affairs) for.
(a) for damages resulting from injury to life, limb or health,
(b) for damage resulting from the not inconsiderable breach of a material contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies and may trust); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 shall also apply to breaches of duty by or for the benefit of persons whose fault we are legally responsible for. They do not apply if we have fraudulently concealed a defect or if we have given a guarantee for the quality of the goods and for claims of the buyer according to the product liability law.
(4) Due to a breach of duty which does not consist of a defect, the buyer can only withdraw from the contract or terminate the contract if we are responsible for the breach of duty. A free right of termination of the buyer (especially according to §§ 651,649 BGB) does not exist. In all other respects, the statutory requirements and legal consequences apply.

§ 9 Limitation

(1) By way of derogation from § 438 (1) No. 3 BGB | German Civil Code, the general limitation period for claims arising from material defects and defects of title shall be one year from delivery. Insofar as acceptance is agreed, the limitation period begins with acceptance.
(2) However, if the goods are a building or an object that has been used in accordance with its normal use for a building and has caused its defectiveness (building material), the period of limitation according to the statutory regulation is 5 years from delivery (§ 438 Paragraph 1 No. 2 BGB). Other special statutory provisions on the statute of limitations (in particular § 438 Paragraph 1 No. 1, Paragraph 3, §§ 444,479 BGB | German Civil Code) remain unaffected.
(3) The above limitation periods of the purchase law also apply to contractual and non-contractual claims for damages by the buyer which are based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195,199 BGB | German Civil Code) would lead to a shorter limitation period in individual cases. Claims for damages of the buyer according to § 6.1. However, § 8 (2) sentence 1 and sentence 2 (a) as well as in accordance with the Product Liability Act are subject to the statute of limitations.

§ 10 Choice of law and jurisdiction

(1) For this GTD and the contractual relationship between us and the Buyer, the law of the Federal Republic of Germany shall apply to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
(2) If the buyer is a merchant as defined by law The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in 32339 Espelkamp | Germany. The same shall apply mutatis mutandis if the buyer is a businessman within the meaning of this § 14 BGB | German Civil Code is. In all cases, however, we shall also be entitled to institute legal proceedings at the place of performance of the delivery obligation in accordance with these GTDs or a priority individual agreement or at the Buyer’s general place of jurisdiction. Priority statutory provisions, in particular with regard to exclusive responsibilities, shall remain unaffected.
– / –